Civil Judges Exam | Jharkhand HC Finds 3 Incorrect Answers In Revised Key; Orders Re-Computation Of Marks, Publishing Of Final Merit List

The Jharkhand High Court has found that three answers in the revised answer key released by the Jharkhand Public Service Commission (JPSC) for the preliminary examination to the post of Civil Judges (Junior Division) were demonstrably incorrect and contrary to established law and precedent.Referring to Supreme Court's judgement Kanpur University & Ors v. Samir Gupta & Ors, a division bench of Chief Justice M.S. Ramachandra Rao and Justice Deepak Roshan in its order said...

Supreme Court Asks Allahabad HC To Prioritise Disposal Of Matters Where Trial Is Stayed, Especially Landlord-Tenant Disputes

The Supreme Court recently urged the Allahabad High Court to prioritise the disposal of appeals/revisions/original petitions, where the trial has been stayed, particularly of landlord-tenant disputes.The Court asked the High Court to give out of turn hearing to such matters where the trial has been stayed.A bench of Justice BV Nagarathna and Justice KV Viswanathan passed the direction while dealing with a matter, where the landlord pointed out that due to the High Court's stay, the eviction...

POCSO Act | Section 34 Empowers Special Courts To Determine Age Of Both Offender & Victim: J&K High Court Remands Case For Fresh Age Inquiry

Clarifying the jurisdiction of Special Courts under the Protection of Children from Sexual Offences Act (POCSO), the Jammu & Kashmir and Ladakh High Court has held that the Special Court is empowered not just to determine the age of the accused, but also of the victim.“Section 34 of the POCSO Act vests jurisdiction with the Special Court not only to determine the age of the offender but it also vests jurisdiction with it to determine the age of the victim,” observed Justice Sanjay Dhar while...

No Interim Relief U/S 9 Of A&C Act Without Exceptional Circumstances After Conciliation Fails & Arbitration Starts Under MSME Act: Calcutta HC

The Calcutta High Court bench of Justice Shampa Sarkar has held that once conciliation fails under the Micro, Small and Medium Enterprises Development Act, 2006 (MSME Act), the Council may either conduct the arbitration itself or refer the matter to an arbitral institution. As per Section 18(3) of the MSME Act, the provisions of the Arbitration and Conciliation Act, 1996 (Arbitration Act) apply to such arbitration proceedings. It further held that unless exceptional circumstances are...

Courts Cannot Conduct Comparative Study Of Natural Resource Allocation: J&K High Court Dismisses Plea Challenging Mining Lease Cancellation

Reaffirming the judiciary's restraint in matters of policy, the High Court of Jammu & Kashmir and Ladakh, while dismissing a writ petition seeking cancellation of mining leases, held that courts cannot conduct a comparative study of methods for distribution of natural resources, as such decisions fall within the exclusive domain of the Executive.Justice Javed Iqbal Wani, emphasized that disposal of natural resources is a matter of policy and judicial review cannot be invoked to substitute...

Dispute Over Land Mutation Arising From Settlement Agreement Can Be Referred To Arbitration: P&H High Court

The Punjab and Haryana High Court bench of Justice Vikram Aggarwal has held that a dispute concerning the mutation of land arising from a Memorandum of Settlement entered into between the parties containing an arbitration clause is considered a dispute in personam especially when it does not affect third-party rights. Such disputes are arbitrable and should be referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996 (Arbitration Act). Brief Facts: The...

After Jharkhand HC Nudge, State Govt Announces Advocates' Health Insurance Scheme, CM Hemant Soren Set To Inaugurate On May 3

The Jharkhand government has announced the launch of the Advocates Health Insurance Scheme under the Rajyakarmi Swasthya Bima Yojana on May 3 which will be inaugurated by Chief Minister Hemant Soren. As per an April 17 letter issued by the Jharkhand Advocates' Welfare Fund Trustee Committee the event will take place at Harivansh Tana Bhagat Indoor Stadium, Hotwar in Ranchi. The Chief Minister will also be distributing Advocate Health Insurance Cards to the advocates.This scheme...

If Fresh Appointment Made After Termination, Previous Service Period Cannot Be Counted For Pension Calculations: Bombay HC

Bombay High Court: A division bench consisting of Justices Ravindra Ghuge and Ashwin Bhobe dismissed a writ petition that prayed for the counting of earlier service in pension calculations. The court held that any reappointment made after terminating the previous service cannot be linked to the earlier service period. The court explained that if previous service was terminated, the reappointment made after proper selection process is considered afresh for pension calculations. ...

Parties Agreeing To Mutual Divorce After Living Separately For More Than A Year Doesn't Negate Separation: Allahabad High Court

The Allahabad High Court has held that just because the parties agreed for mutual divorce after more than 1 year of separation period, the Court cannot neglect the separation period prior to the agreement for divorce. It held that the period of separation prior to the meeting of minds will be considered under sub-section (1) in section 13-B of the Hindu Marriage Act, 1955.Section 13-B of the Hindu Marriage Act, 1955 provides for divorce by mutual consent. Sub-section(1) of section 13 provides...

Prolonged Suspension From Service Mirrors Penalty: Rajasthan HC Directs State To Ensure 'Reasonable Timeline' For Further Action, Lays Guidelines

The Rajasthan High Court ruled that even though suspension is though legally not a penalty but an interim measure, however when dragged for a prolonged period mirrors punishment or “disguised” punishment.In doing so the court issued a mandamus to the State of Rajasthan–through Secretary, Department of Personnel, to ensure that all "competent authorities vested with the power to suspend government servants adhere to a reasonable timeline for taking further action following a suspension order...

Deletion Of Names Through Chamber Summons Does Not Render Appeal U/S 50(1)(B) Of A&C Act As Not Maintainable: Bombay High Court

The Bombay High Court bench of Justices A.S. Chandurkar and M.M. Sathaye has observed that when a common arbitration petition seeking recognition, enforcement and execution of a foreign award is declined against all the respondents, the mere fact that some respondents had successfully filed chamber summons seeking deletion of their names would not render the appeal filed under Section 50(1)(b) of the Arbitration and Conciliation Act, 1996 as not maintainable. Facts The present...

P&H High Court Raises Questions On Agricultural Dept's Statutory Authority To Ban Hybrid Paddy Seeds In Punjab

In a significant development, the Punjab and Haryana High Court has questioned the statutory authority behind the Punjab Government's recent decision to ban the sale of hybrid paddy seeds in the state.Justice Kuldeep Tiwari asked the Punjab Government to inform court the statutory force behind passing the impugned order which has banned sale of hybrid paddy seeds in Punjab on April 07.Further, the Court asked the Director of Department of Agriculture and Farmers' Welfare to file a specific...